" When loss or damage is sustained by any person by reason of a motor vehicle on a highway, the onus of proof that the loss or damage did not arise through the negligence or improper conduct of the owner, driver, lessee or operator of the motor vehicle is upon the owner, driver, lessee or operator of the motor
Ontario Pedestrian Accident Lawyer
In Ontario, the Highway Traffic Act creates a reverse onus on a driver who impacts a pedestrian on a public roadway. This reverse onus provision is outlined in section 193(1), which provides as follows:
"When loss or damage is sustained by any person by reason of a motor vehicle on a highway, the onus of proof that the loss or damage did not arise through the negligence or improper conduct of the owner, driver, lessee or operator of the motor vehicle is upon the owner, driver, lessee or operator of the motor vehicle"
Therefore, a driver that causes injury to a pedestrian in Ontario is presumed negligent and has the burnden of proving otherwise. This is significant, as most negligence claims put the burden of proof on the injured party. Pedestrian accidents are an exception.
Although the reverse onus in Ontario pedestrian accidents is beneficial to injured pedestrians, it does not guarantee sucess in a pedestrian accident claim. It simply provides that a driver must establish in court that they acted reasonably. Because of the reverse onus, pedestrian accidents are often vigorously investigated by the driver's insurance company. The insurance companies understand that, in order to defeat a pedestrian claim, it is important to secure evidence early. As such, it is not uncommon for insurance companies to interview the involved parties, witnesses and even the investigating officers.
If you are a pedestrian that has been hit by a car or truck in Ontario, you should not speak with the other driver's insurance company as anything you say can be used to defeat or limit your claim. It is important to speak with an experienced Ontario pedestrian accident injury lawyer early before speaking with insurance representatives.
For a free consultation with a pedestrian accident lawyer, contact Iacobelli Law Firm at 416-900-1070 or toll free at 1-866-234-6093 or fill out our online contact form here. We provide free, no obligation, consultations to prospective clients.
4/4/2013 01:37:54 am
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